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Legal Efficiencies Issue 4
Pay deposition fees promptly
As a reminder, deposition fees should be paid once the deposition is completed; do not wait for Board instruction or a Board Notice of Decision to pay the deposition fee.
Request extensions no later than 14 days before a hearing
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Please submit requests for extensions of depositions and/or production of medical opinions as soon as possible, but no later than 14 days before the hearing where such evidence was directed to be submitted. This will allow sufficient time for rescheduling the hearing and prevent an unnecessary adjournment or wasted hearing.
Submit summary of payments in advance of hearing
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If awards encompassing different time periods in a case will be discussed at a hearing, then prior to that hearing, payers should submit a summary of payments. The summary can be in the form of a Subsequent Report of Injury (SROI) or as a narrative outlining the benefit history for the case. This helps avoid delays the approval of settlements/stipulations and calculation of attorneys’ fees.
Proper completion of OC-110A ORD requests
Make sure any Request for Judicial Order – Access to Case Files (Form OC-110AORD) is filled in completely. In the field labeled WCB#, fill in the WCB case number you would like access to. If you do not have the WCB case number, include as much information as possible, such as date/year of accident, employer name, body part, etc. In the narrative section, fully detail the purpose of your request and the case numbers involved (e.g., “Access to WCB # ___ is requested for apportionment purposes as it involves the claimant’s right knee, which is also at issue in our file, WCB# ___.”)
Speak with your client before their hearing is called
Attorneys and legal representatives are urged to speak with clients before their hearing is called. This ensures parties are prepared and helps prevent delays that may cause the hearing to be re-called or adjourned.
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Questions?
If you have any questions regarding the guidance in this issue of Efficiency Enhancements, please write to outreach@wcb.ny.gov.
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